18 U.S.C. § 4352 — Authority of Institute; time; records of re-

Page 943 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4352 1 Section catchline editorially supplied. However, section 11111 of Title 34, as amended by Pub. L. 98–473, establishes the Office of Juvenile Justice and Delinquency Prevention, headed by an Administrator. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘Direc- tor of the Bureau of Justice Assistance’’ for ‘‘Adminis- trator of the Law Enforcement Assistance Administra- tion’’. 1984—Subsec. (b). Pub. L. 98–473 substituted ‘‘Sen- tencing Commission’’ for ‘‘Parole Board’’. 1977—Subsec. (b). Pub. L. 95–115 substituted ‘‘Asso- ciate’’ for ‘‘Deputy Assistant’’ and ‘‘Office of’’ for ‘‘Na- tional Institute for’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of Health, Education, and Welfare redes- ignated Department of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93–415, as added by Pub. L. 95–115, formerly set out as a note under section 11101 of Title 34, Crime Control and Law Enforcement. REPEALS Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) through (6) of Title 34, Crime Control and Law Enforcement, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of Title 34. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. EXCEPTIONS TO MEMBERSHIP REQUIREMENTS DURING FIVE-YEAR PERIOD For exceptions to the membership requirements set forth in this section, which exceptions are applicable for five-year period following Nov. 1, 1987, see section 235(b)(5) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4352. Authority of Institute; time; records of re- cipients; access; scope of section 1 (a) In addition to the other powers, express and implied, the National Institute of Correc- tions shall have authority— (1) to receive from or make grants to and enter into contracts with Federal, State, trib- al, and general units of local government, pub- lic and private agencies, educational institu- tions, organizations, and individuals to carry out the purposes of this chapter; (2) to serve as a clearinghouse and informa- tion center for the collection, preparation, and dissemination of information on corrections, including, but not limited to, programs for prevention of crime and recidivism, training of corrections personnel, and rehabilitation and treatment of criminal and juvenile offenders; (3) to assist and serve in a consulting capac- ity to Federal, State, tribal, and local courts, departments, and agencies in the development, maintenance, and coordination of programs, facilities, and services, training, treatment, and rehabilitation with respect to criminal and juvenile offenders; (4) to encourage and assist Federal, State, tribal, and local government programs and services, and programs and services of other public and private agencies, institutions, and organizations in their efforts to develop and implement improved corrections programs; (5) to devise and conduct, in various geo- graphical locations, seminars, workshops, and training programs for law enforcement offi- cers, judges, and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons, including lay ex-offenders, and paraprofessional per- sonnel, connected with the treatment and re- habilitation of criminal and juvenile offend- ers; (6) to develop technical training teams to aid in the development of seminars, work- shops, and training programs within the sev- eral States and tribal communities, and with the State, tribal, and local agencies which work with prisoners, parolees, probationers, and other offenders; (7) to conduct, encourage, and coordinate re- search relating to corrections, including the causes, prevention, diagnosis, and treatment of criminal offenders; (8) to formulate and disseminate correc- tional policy, goals, standards, and rec- ommendations for Federal, State, tribal, and local correctional agencies, organizations, in- stitutions, and personnel; (9) to conduct evaluation programs which study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve the corrections system; (10) to receive from any Federal department or agency such statistics, data, program re- ports, and other material as the Institute deems necessary to carry out its functions. Page 944 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 4353 Each such department or agency is authorized to cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information to the Institute; (11) to arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; (12) to confer with and avail itself of the as- sistance, services, records, and facilities of State, tribal, and local governments or other public or private agencies, organizations, or individuals; (13) to enter into contracts with public or private agencies, organizations, or individuals, for the performance of any of the functions of the Institute; and (14) to procure the services of experts and consultants in accordance with section 3109 of title 5 of the United States Code, at rates of compensation not to exceed the daily equiva- lent of the rate authorized for GS–18 by sec- tion 5332 of title 5 of the United States Code. [(b) Repealed. Pub. L. 97–375, title I, § 109(a), Dec. 21, 1982, 96 Stat. 1820.] (c) Each recipient of assistance under this chapter shall keep such records as the Institute shall prescribe, including records which fully disclose the amount and disposition by such re- cipient of the proceeds of such assistance, the total cost of the project or undertaking in con- nection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (d) The Institute, and the Comptroller General of the United States, or any of their duly au- thorized representatives, shall have access for purposes of audit and examinations to any books, documents, papers, and records of the re- cipients that are pertinent to the grants re- ceived under this chapter. (e) The provision of this section shall apply to all recipients of assistance under this title, whether by direct grant or contract from the In- stitute or by subgrant or subcontract from pri- mary grantees or contractors of the Institute. (Added Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1140; amended Pub. L. 97–375, title I, § 109(a), Dec. 21, 1982, 96 Stat. 1820; Pub. L. 101–647, title XXXV, § 3599F, Nov. 29, 1990, 104 Stat. 4932; Pub. L. 111–211, title II, § 261(b), July 29, 2010, 124 Stat. 2299.) Editorial Notes AMENDMENTS 2010—Subsec. (a)(1), (3), (4). Pub. L. 111–211, § 261(b)(1), inserted ‘‘tribal,’’ after ‘‘State,’’. Subsec. (a)(6). Pub. L. 111–211, § 261(b)(2), inserted ‘‘and tribal communities,’’ after ‘‘States’’ and ‘‘, tribal,’’ after ‘‘State’’. Subsec. (a)(8). Pub. L. 111–211, § 261(b)(1), inserted ‘‘tribal,’’ after ‘‘State,’’. Subsec. (a)(12). Pub. L. 111–211, § 261(b)(3), inserted ‘‘, tribal,’’ after ‘‘State’’. 1990—Subsec. (c). Pub. L. 101–647 substituted ‘‘this chapter shall’’ for ‘‘this shall’’. 1982—Subsec. (b). Pub. L. 97–375 struck out subsec. (b) which directed the Institute to submit an annual report to the President and Congress, including a comprehen- sive and detailed report of the Institute’s operations, activities, financial condition and accomplishments under this title, and which might include such rec- ommendations related to corrections as the Institute deemed appropriate. Statutory Notes and Related Subsidiaries INCLUSION OF NATIONAL INSTITUTE OF CORRECTIONS IN FEDERAL PRISON SYSTEM SALARIES AND EXPENSES BUDGET Pub. L. 104–208, div. A, title I, § 101(a), [title I], Sept. 30, 1996, 110 Stat. 3009, 3009–11, provided in part: ‘‘That the National Institute of Corrections hereafter shall be included in the FPS Salaries and Expenses budget, in the Contract Confinement program and shall continue to perform its current functions under 18 U.S.C. 4351, et seq., with the exception of its grant program and shall collect reimbursement for services whenever possible’’. REPEALS Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1140, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. NATIONAL TRAINING CENTER FOR PRISON DRUG REHABILITATION PROGRAM PERSONNEL Pub. L. 100–690, title VI, § 6292, Nov. 18, 1988, 102 Stat. 4369, which provided that the Director of the National Institute of Corrections, in consultation with persons with expertise in the field of community-based drug re- habilitation, was to establish and operate, at any suit- able location, a national training center for training Federal, State, and local prison or jail officials to con- duct drug rehabilitation programs for criminals con- victed of drug-related crimes and for drug-dependent criminals, was editorially reclassified as section 10426 of Title 34, Crime Control and Law Enforcement. [§ 4353. Repealed. Pub. L. 107–273, div. A, title III, § 301(a), Nov. 2, 2002, 116 Stat. 1780] Section, added Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1141, authorized appropriations to carry out purposes of this chapter. PART IV—CORRECTION OF YOUTHFUL OFFENDERS Chap. Sec. 401. General provisions .............................. 5001 402. Repealed ................................................ 403. Juvenile delinquency ......................... 5031 Editorial Notes AMENDMENTS 1984—Pub. L. 98–473, title II, § 218(g), Oct. 12, 1984, 98 Stat. 2027, in item for chapter 402 substituted ‘‘Re- pealed’’ for ‘‘Federal Youth Corrections Act’’. 1950—Act Sept. 30, 1950, ch. 1115, § 5(a), 64 Stat. 1090, added item for chapter 402. CHAPTER 401—GENERAL PROVISIONS Sec. 5001. Surrender to State authorities; expenses.